UNION OF INDIA Vs. OM PRAKASH ROY

JUDGEMENT

(1.) THIS application has been filed in connection with the appeal preferred from the judgment and order dated 11th March, 2011 whereby and whereunder a learned Judge of this Court granted relief to the writ petitioner by allowing the writ petition on merits.

(2.) GOING through the impugned judgment and order under appeal, we find that the learned Single Judge upon considering the facts and circumstances of this case and following the decisions of the Supreme Court arrived at the conclusion that the punishment of dismissal from service imposed on the respondent No. 1/writ petitioner is shockingly disproportionate and, therefore, the learned Single Judge was pleased to set aside the order of dismissal passed by the disciplinary authority which was subsequently affirmed by the appellate authority.

(3.) MR. Soumya Majumder, learned Counsel representing the respondent No. 1 /writ petitioner submits that the allegations regarding attempt to assault the superior officer and using filthy language could not be substantiated on the basis of the evidences adduced during the enquiry proceedings. MR. Majumder further submits that the alleged incident took place on 28th April, 1993 but the charge-sheet was issued on 4th June, 1993. MR. Majumder also submits that the respondent No. 1/writ petitioner was assaulted on 5th March, 1993 and was admitted into the hospital for three days. MR. Majumder submits that in view of the harassing attitude of the superior authority for transferring him to a different place in order to avoid further harassment.